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Basic Conditions of Employment Act 75 of 1997 and Regulations

The Basic Conditions of Employment Act 75 of 1997 regulates labour practices and sets out the rights and duties of employees and employers. The aim of the Act is to ensure social justice by establishing the bas

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ISBN/ISSN: 9780639002897

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The Basic Conditions of Employment Act 75 of 1997 regulates labour practices and sets out the rights and duties of employees and employers. The aim of the Act is to ensure social justice by establishing the basic standards for employment with regard to working hours, leave, payment, dismissal and dispute resolution.

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Table of contents

Basic Conditions of Employment Act 75 of 1997

Definitions

Purpose of this Act

Application of this Act

Inclusion of provisions in contracts of employment

This Act not affected by agreements

Application of this Chapter

Regulation of working time

Interpretation of day

Ordinary hours of work

Overtime

Compressed working week

Averaging of hours of work

Determination of hours of work by Minister

Meal intervals

Daily and weekly rest pe

Pay for work on Sundays

Night work

Public holidays

Application of this Chapter

Annual leave

Pay for annual leave

Sick leave

Proof of incapacity

Application to occupational accidents or diseases

Maternity leave

Protection of employees before and after birth of a child

Family responsibility leave

Application of this Chapter

Written particulars of employment

Informing employees of their rights

Keeping of records

Payment of remuneration

Information about remuneration

Prohibited conduct by an employer

Deductions and other acts concerning remuneration

Payment of contributions to benefit funds

Calculation of remuneration and wages

Application of this Chapter

Notice of termination of employment

Payment instead of notice

Employees in accommodation provided by employers

Payments on termination

Severance pay

Certificate of service

Prohibition of work by children

Regulations on work by children

Medical examinations

Prohibitions

Evidence of age

Prohibition of forced labour

Variation by agreement

Variation by Minister

Sectoral determination

Investigation

Conduct of investigation

Preparation of report

Making of sectoral determination

Period of operation of sectoral determination

Legal effect of sectoral determination

Employer to keep a copy of sectoral determination

Establishment and functions of Employment Conditions Commission

Composition of Commission

Public hearings

Report by Commission

Appointment of labour inspectors

Functions of labour inspectors

Powers of entry

Powers to question and inspect

Co-operation with labour inspectors

Securing an undertaking

Compliance order

Limitations

Order may be made order of Labour Court

Consolidation of proceedings

Payment of interest

Proof of compliance

Jurisdiction of Labour Court

Powers of Labour Court

Rights of employees

Protection of rights

Procedure for disputes

Burden of proof

Temporary employment services

Deeming of persons as employees

Presumption as to who is employee

Duration of employment

Delegation

Regulations

Codes of Good Practice

Minister's power to add and change footnotes

Representation of employees or employers

Confidentiality

Answers not to be used in criminal prosecutions

Obstruction, undue influence and fraud

Penalties

This Act binds the State

Transitional arrangements and amendment and repeal of laws

Short title and commencement

Procedures for progressive reduction of maximum working hours

Maximum permissible fines that may be imposed for failure to comply with this Act

Transitional provisions

Laws repealed by section 95 (5)

Basic Condition of Employment Regulations

General Administrative Regulations GNR.1438 dated 13 November 1998

Calculation of Employee's Remuneration in terms of section 35 (5) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) GN 691 in GG 24889 dated 23 May 2003

Regulations on Hazardous Work by Children in South Africa GNR.7 in GG 32862 dated 15 January 2010

Code of Good Practice on the Arrangement of Working Time GNR.1440 dated 13 November 1998

Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of a Child GNR.1441 dated 13 November 1998

Code of Good Practice for the Employment of Children in the Performance of Advertising, Artistic or Cultural Activities GNR. 479 in GG 27600 dated 27 May 2005

Code of Good Practice for Employment and Conditions of Work for Expanded Public Works Programmes GN 129 in GG 34032 dated 18 February 2011

Exemption: Managers, submanagers, senior managerial and administrative personnel, technical and professional personnel and foremen GNR.113 in GG 19703 dated 29 January 1999

Determination in terms of section 50

Determination in terms of section 50 GNR.293 in GG 24941 dated 28 February 2003

Determination: Earnings Threshold GN 531 in GG 37795 dated 1 July 2014

Ministerial Determination: Small Business Sector GNR.1295 dated 5 November 1999

Ministerial Determination: Welfare Sector GN 655 dated 20 July 2001

Ministerial Determination 4: Expanded Public Works Programmes GNR.347 in GG 35310 dated 4 May 2012